K M PONNUSAMY Vs. DISTRICT COLLECTOR SALEM

JUDGEMENT

(1.) THE Writ Petition has been filed for issuance of a Writ of Mandamus, to forbear the third respondent herein from disconnecting the drinking water connection to door No. 3/53, Mel Theru, Karattur, Ekapuram Village, Magudanchavadi Panchayat union, Sankari Taluk, Salem District.

(2.) THE grievance of the petitioner is that the second respondent-Panchayat, by resolution No. 5, dated 29. 5. 2008, has cut-off the water supply to the petitioner's residence. The resolution states that the petitioner has been drawing drinking water and misused and therefore, the public has given a complaint and the Officers from the Tamil Nadu Water Supply Board and the Block development Officer have made a personal inspection and despite the advice given to the petitioner, he is misusing the water. The petitioner has challenged the said resolution on the ground that there is no misuse and in fact, he is also having a bore-well in his premises which water alone is being used for his garden in the backyard.

(3.) THIS Court had granted interim order of injunction restraining the third respondent from disconnecting the drinking water connection to the premises in question, and the said order of interim injunction has been extended from time to time. Mala-fide is also alleged against the President of the second respondent-Panchayat, who is also made as a party by name, as third respondent in the Writ Petition.